Wrong, one can commit perjury by signing a false sworn statement.
That's nice. It still doesn't apply to an interview with the FBI. They're different crimes.
I routinely spring "perjury traps" through the discovery process pre litigation. I request admissions and formulate special interrogatories which must be submitted under penalty of perjury, this is a simple statement at the bottom where the witness signs. The trap is sprung by having the evidence and then asking the witness to confirm.
That's not a "perjury trap." A "perjury trap" is specifically a type of misconduct, when a prosecutor puts someone on the stand, and coerces them into lying about something immaterial to the case, specifically so they can be charged with perjury. "Perjury traps" are like leprechauns or unicorns -- believed in by few, seen by none.
What you're doing is merely giving people rope. You didn't make them turn it into a noose and hang themselves. At least, I assume you're not accusing yourself of misconduct. :mrgreen:
Flynn says that's not what happened, but the facts we have suggest it could have....
The FBI did not coerce him into lying. Flynn chose to lie, because he was covering his own ass. And again, he wasn't under oath.
My concern is over ambiguity in the question not the answer. If Flynn was asked "did you talk to the Russian ambassador", and he said no, that's a lie, but if he was asked whether he spoke to the ambassador about sanctions Flynn could honestly answer "no" if he thought they meant the sanctions imposed for intervention in Ukraine or the Magnitske Act, he could also honestly answer "yes" if he thought they meant Obama's expulsion of 35 Russian 'diplomats'.
In the 302, the agents wrote that they specifically asked Flynn if he talked to Kislyak about:
• expulsion of diplomats in connection with Russian election hacking
• closure of Russian properties in connection etc
• tried to convince Russia not to escalate
• tried to convince Russia not to retaliate
• not to engage in a tit-for-tat response
• Russia already planning on a different response from the incoming administration
Flynn's responses were "no" "I don't remember" "it wasn't, 'don't do anything'" "probably not, because I didn't know the PNGs were going to happen" and that he did not have a "long drawn out conversation with Kislyak where he would have asked him him 'don't do something.'"
It was legal for Flynn to talk to Kislyak. If they discussed Christmas decorations, Flynn would be fine -- and would not have any need to lie. What Flynn did was undermine the Obama administration's policies, by trying to get Russia (via Kislyak) not to retaliate. He probably didn't think it would get him arrested, but he knew it would get him fired. That's why he lied not just to the FBI, but also to the transition team, to Pence, to Priebus, and on a DoJ form after the interview.
Last but not least: It should be obvious by now that if Flynn had plead not guilty and gone to trial, they would have charged him with numerous other crimes, including but certainly not limited to illegal lobbying for a foreign government. Flynn cooperated so much and so well with the prosecutors that even
they were asking for no jail time. They charged him with lying to the FBI because it was a relatively light charge that was still reasonably serious, and doesn't require the prosecutors to tip their hand about other investigations.
